Myanmar has firmly rejected allegations of genocide against its Rohingya minority during public hearings at the International Court of Justice (ICJ). On Friday, Ko Ko Hlaing, representing Myanmar, stated that the case brought by The Gambia is based on “unsubstantiated allegations” related to the application of the Genocide Convention.
Addressing the judges in The Hague, Mr. Hlaing emphasized Myanmar’s acknowledgment of the significance of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Nevertheless, he maintained that his country has not violated its international obligations under this treaty. “A finding of genocide would place an indelible stain on my country and its people,” he asserted, highlighting the proceedings’ importance for Myanmar’s reputation and future.
In his defense, Hlaing criticized The Gambia’s reliance on what he described as biased reports from a fact-finding mission, stating they are “neither reliable nor objective” and amounted to a condemnation of Myanmar without due process.
Counter-Terrorism Operations or Genocide?
Myanmar’s representative also dismissed accusations that military operations in northern Rakhine State from 2016 to 2017 were genocidal in nature. He argued that these “clearance operations” were legitimate counter-terrorism measures in response to attacks by armed groups. “Myanmar was not obliged to remain idle and allow terrorists to have free rein,” Mr. Hlaing stated, while acknowledging that these operations led to civilian casualties and significant displacement.
He further contested claims that Myanmar denies the existence or rights of the Muslim population in Rakhine, asserting that issues related to citizenship and identity do not pertain to genocide.
Myanmar also reported compliance with all procedural orders of the Court, including provisional measures issued in January 2020. The country has submitted regular updates on its efforts regarding the repatriation of displaced individuals from Bangladesh, citing bilateral agreements and delays attributed to the COVID-19 pandemic and natural disasters.
The Context of the Case
The case originates from an application submitted by The Gambia in November 2019, accusing Myanmar of breaching the Genocide Convention through actions allegedly taken during military operations in Rakhine State. These operations intensified in 2017, resulting in more than 700,000 Rohingya fleeing to Bangladesh amid widespread allegations of killings, sexual violence, and arson, as detailed by United Nations investigations. Currently, nearly one million Rohingya remain as refugees in Bangladesh.
The hearings are set to continue through late January 2024, marking the first examination of the case’s merits by the ICJ. The Court’s final judgment, which could take several months after the hearings conclude, will have legally binding implications.
